If the local PS is not registering FIR ,filing an application U/S 156(3) is always an option.

Thereafter , you can file writ petition against Police inaction.

All the information which are material for just decision of the writ petition can be attached by supplementary affidavit.

If an FIR is already registered then apply for bail.

Engage an advocate to take information of the possible FIR against you and make strategy accordingly.  

If FIR is lodged you have to file  petition in HC for quashing of FIR .take plea it is counter to legal proceedings taken by you 

2) if police is refusing to lodge FIR on basis of your complaint file complaint before magistrate to direct police to investigate and file report 

You can proceed with the proposed private criminal complaint  under section 156(3) cr.p.c. seeking direction to police to take legal action against the accused.

You can attach the c0mplaint copy and other documentary evidences in your support to the writ petition before the singe bench as advised by the division bench.

You may discuss with your advocate at length before taking any further actions. 

You do not have to budge to the pressure tactics adopted by the accused in this regard.

You may proceed with the further legal action as suggested without getting deterred by the pressure put by police.

Though the corrupt police may support the accused but that will be only to certain extent and beyond that the police may not involve in extending their support to them because contempt of court involved in it may deter the police from taking any further action.

Yes, you are handling this matter very intelligently, and your understanding of both the procedural and strategic aspects is commendable. You are absolutely right to be cautious — these situations, where vested interests collude with local police, are common in property-related fraud and illegal construction cases. Let me guide you in a structured, practical manner:

First, the situation you describe — forgery of property documents, fabrication of floor plans, and concealment of the true position from the court — involves multiple cognizable offences under the Indian Penal Code, including 420 (cheating), 467 (forgery of valuable security or will), 468 (forgery for purpose of cheating), 471 (using forged document as genuine), and 120-B (criminal conspiracy). These are all serious, non-bailable offences. The police’s refusal to register your complaint, despite it disclosing cognizable offences, is itself unlawful as per Section 154 CrPC and the Supreme Court’s landmark judgment in Lalita Kumari v. State of UP (2014) 2 SCC 1, which mandates registration of FIR in all cognizable offences.

Now, since the local police station is refusing to act, your decision to move under Section 156(3) CrPC before the Magistrate is perfectly correct. Here’s how you should proceed and protect yourself:

1. 156(3) Application Contents
   In your application, narrate all facts chronologically — the existence of the demolition order, the stay obtained by misrepresentation, the discovery of forged sale deeds and fake plans, your written complaint to the police, and the police inaction. Attach copies of your written complaints, emails to higher officials (DCP, CP, DGP, etc.), and any postal receipts or acknowledgements. These show that you exhausted all remedies before approaching the court. Yes, definitely include a mention of the recent incident of two policemen visiting your home without notice — this shows ongoing intimidation and mala fide. Attach your email sent to higher officials as an annexure to your 156(3) petition. It will help the Magistrate see the atmosphere of pressure and police complicity.

2. Personal Safety and False Case Threat
   Since you suspect they may try to fabricate a complaint, your response to those policemen was legally correct — you demanded a written notice under Section 41A CrPC. This shows your awareness and prevents illegal detention. Keep the CCTV footage safely in multiple backups — it is excellent evidence of attempted intimidation. Continue keeping a written record (emails or letters) of every such police visit or call. You can also file a short written representation to the DCP and CP, referring specifically to this incident, asking them to clarify whether any case or complaint exists against you. This will act as a safeguard if they ever try to manipulate the records later.

3. Bringing the Matter to the Court’s Notice
   Yes, when your writ matter is next listed before the single bench, you can orally mention that you are being subjected to intimidation for pursuing the matter. You can also file a short affidavit (supported by your email and CCTV stills) mentioning the visit of the policemen, your refusal to appear without a legal notice, and your apprehension that vested interests are misusing police machinery to obstruct the proceedings of the court. Judges usually take such matters very seriously, especially when there is already a demolition order and a pending writ.

4. Relief You Should Pray For in the 156(3) Petition
   Ask the Magistrate to direct the officer in charge of the concerned police station to register an FIR and conduct a proper investigation under Sections 420, 467, 468, 471, and 120B IPC against the accused persons (sellers, buyers, and any officials involved). Also, request the court to monitor the investigation considering the gravity of the offences and the previous inaction of the police. You can additionally request that the court direct the DCP to transfer the investigation to a higher officer or another police station to ensure impartiality.

5. Reply to DCP Office Query “How Are You Prejudiced”
   You can write back clearly that you are the complainant who brought the fraud to light; that the forged plan, false sale deeds, and misrepresentation have misled multiple authorities and the Hon’ble Court; that the forgery of registered deeds and official plans is an offence against public justice; and that you are prejudiced as a whistleblower being subjected to threats and intimidation. Remind them that forgery of registered documents and fake plans involves both criminal conspiracy and loss to public revenue, which affects the state’s interests too.

6. Parallel Steps You May Consider

   • Send a written representation to the State Vigilance or Anti-Corruption Bureau about the police inaction and intimidation.

   • You can also send a copy of your 156(3) application to the DGP’s office once filed.

   • If intimidation continues, file a brief application under Section 482 CrPC before the High Court for protection from coercive action while your 156(3) application is pending.

All the offences you have mentioned — tampering of registered documents, use of forged plans, registration of property on fake representations, and suppression of demolition orders — are very serious and punishable with imprisonment up to ten years. The accused are indeed at risk once a fair investigation begins.

In summary, your next immediate step should be to file a properly supported 156(3) CrPC application with all annexures, including the recent intimidation incident. Continue your vigilance, maintain detailed records, and inform the single bench of any interference. You are proceeding perfectly — and yes, the law is entirely on your side here.

These are serious offences 

it appears police are hand in glove with the accused 

draw attention of court to the said fact 

You can approach court under 156(3) of crpc or corresponding section under BNSS. He will take cognisance of the same

-  The Supreme Court of India in the matter of the State of Haryana Versus Bhajan Lal & Others, 1992 AIR 604, held that a police officer has no other option except to register a case on the basis of the received information , and the credibility and reliability of the information is no ground for the refusal to register an FIR.

- Hence on receiving your compliant , if no action has been taken by the police officer within a reasonable period of time , then you can lodge your complaint before the Senior Police Officer 

- Further, if no positive response then file a complaint before the Judicial Magistrate/Magistrate 

- Further, you can also file a Writ Petition before the High Court 

Yes you can seek copies of the above 

Based on my analysis of RTI procedures and police information disclosure rules, your RTI questions are legally sound and comprehensive. Here's my assessment:

Your RTI Questions - Status: EXCELLENT

Question 1 (GD Entry) - Perfect​

• Police maintain General Diary entries for all activities including personnel deployment

• Requesting "true attested copy" with specific date/time is correct procedure

• This establishes official record of the visit

Question 2 (Section 41A Notice) - Excellent​

• Critical question - police cannot summon without proper Section 41A notice

• Internal memo/correspondence request is valid under RTI

• This exposes if they violated legal procedure

Question 3 (FIRs/Complaints Against You) - Well-framed​

• FIR information is generally accessible under RTI​

• Including your full address ensures proper identification

• Note: You have duplicate "2b" - renumber properly

Question 4 (Action Taken Report) - Strong​

• ATR on your complaints about illegal construction is public information

• Revenue loss to state is legitimate public interest matter

• Police must provide disposal reasons

Minor Improvements Needed

Fix Numbering: You have duplicate "2b" - renumber as 2a, 2b, 3a, 3b, 4a, 4b

Add Final Question:
"4c. If complaints were not registered as FIR, provide legal justification under which cognizable offenses (Sections 463, 464, 467, 471, 420, 120B IPC) were refused registration"

Legal Protection

These questions are fully protected under RTI Act. Police cannot refuse without citing specific exemption under Section 8. Your questions don't fall under investigation exemptions since they relate to procedural compliance and your own case status.​

File immediately - these questions will create strong evidence for your Section 156(3) application and court proceedings.

You can send email to the senior officers and file RTI application 

Thanks for your appreciation 

Dear Mr. Sharma,

You have succeeded before the Division Bench, which has set aside the order of dismissal by the Single Bench and observed prima facie that the impugned floor is non-existent and illegal in the eyes of law. You have also brought to light serious irregularities, including collusion between sellers and buyers to alter the contents of earlier sale deeds, fabrication of floor plans never issued by KMC, and registration and mutation based on forged documents. Despite disclosure of these cognizable offences, the local police have failed to register an FIR, and the recent visit by police officers without any formal notice appears to be an attempt to intimidate you into withdrawing your complaints and writ petition.

In these circumstances, it is appropriate to move an application under Section 156(3) of the CrPC before the jurisdictional Magistrate for directions to register an FIR and to investigate the matter impartially. The application should include a full chronology of events, copies of the demolition order under Section 400(8) of the KMC Act, the Division Bench order, and all supporting documents showing forgery, fabricated plans, and collusion between the parties. It should also include your written complaints to the local police, and your recent emails to the DCP, CP, DGP, Chief Secretary, Home Secretary, and Chief Minister’s Office narrating the police officers’ visit and the refusal to issue any notice under Section 41A CrPC. These communications should be annexed to demonstrate bias, inaction, and the possible misuse of power by the local police.

In your prayer before the Magistrate, you should request that the concerned Police Station be directed to register an FIR under Sections 420, 463, 464, 467, 471, and 120B IPC; that the investigation be carried out under the supervision of a senior officer not below the rank of ACP or DSP; and that a compliance report be filed before the Court. You may also seek a direction that no coercive or retaliatory measures be taken against you pending the registration and investigation of your complaint.

Regarding the recent visit by the police, you acted correctly by insisting on a written notice and refusing to accompany them without formal summons. You should maintain a written record of the date, time, and identity of the officers who came to meet you and forward this record to the DCP and CP along with a covering email referring to your earlier complaints. This will ensure that any further harassment or misuse of police machinery can be substantiated later.

At your next hearing before the Single Bench, you may briefly inform the Court about these developments through a written note or affidavit, enclosing copies of your representations and your 156(3) application. This will place on record the attempts being made to pressurize you and the inaction of the authorities despite the Division Bench’s findings. You need not, at this stage, seek any separate protection order unless further coercive steps are taken, in which case a specific application for protection may be filed citing these circumstances.

You should also file RTI applications with the Registration Department, the KMC Building Department, and the Mutation Department seeking certified copies of the relevant sale deeds, sanctioned plans, and file notings. These will serve as vital evidence in both your 156(3) proceedings and before the Single Bench. Additionally, it would be advisable to forward a complaint to the State Vigilance or Anti-Corruption Bureau regarding the collusion between registry officials, KMC staff, and the local police.

In the 156(3) application, your prayer should include registration of FIR under Sections 420, 463, 464, 467, 471, and 120B IPC; supervision of investigation by a senior officer; periodic compliance reporting; directions to preserve original records; and a restraint against police harassment or retaliatory action. If a false counter-complaint or FIR is filed against you, you should immediately seek anticipatory bail under Section 438 CrPC and inform the High Court that such a case has been initiated in retaliation to your lawful actions and pending writ.

You are in a strong legal position following the Division Bench’s observations. The inaction of the local police and any misuse of power can be effectively addressed by the Magistrate under Section 156(3) CrPC. Proceed calmly and methodically, maintaining all documentary proof of your representations and communications.

You have acted prudently so far, and formalizing your complaint before the Magistrate will complete the chain of record necessary for judicial intervention. If required, I can prepare the draft of the Section 156(3) application and the affidavit for your submission before the Single Bench incorporating all these developments.

You are having rights to seek the information under the provisions of RTI act.

You can apply for it to the PIO following the prescribed procedures of law.

You are most welcome for your appreciations and happy diwali greetings to you and your family members.

Dear Client,

If the police refuse to register an FIR despite a cognizable offense being involved, the aggrieved person has several legal remedies. First, a written complaint can be sent to the Superintendent of Police (SP) or higher police officials under Section 154(3) CrPC, who have the power to order registration and investigation. If the police still refuse, the complainant can approach the Magistrate under Section 156(3) CrPC to seek an order directing the police to register the FIR and investigate the case. Additionally, the aggrieved party can file a writ petition in the High Court under Article 226 of the Constitution, and seek constitutional remedies if the police are protecting accused persons in exchange for graft or under influence. It is also advisable to keep records of all communications and complaints, and to present any harassment or pressure tactics by police before the court, highlighting the conspiracy to shield accused persons. Including emails or complaints about police misconduct in the 156(3) application or before the Single Bench during hearings can strengthen the case and demonstrate the failure of local police to act impartially.  I hope this answer helps. For any more queries, do not hesitate to contact us.

- You can file an application before the magistrate for knowing the status of your filed complaint.